A High Court in Yenagoa, Bayelsa State, has ordered the Nigeria Police forensic team, CSP B.A. Abdullahi, and others to pay N50 million in damages to James for his illegal confinement and unconstitutional house arrest.
The presiding Judge, Justice Ebiyon Duke Charlie, gave the order in Suit No. BYHC/YHC/FR/47/2024, citing violations of James’ fundamental human rights.
The court ruled that James’ confinement and house arrest by the 4th and 5th respondents, who presented themselves as Interpol Police at his residence in Opolo, Yenagoa, was unreasonable, illegal, and unconstitutional. It violated his rights to dignity, personal liberty, and freedom of movement as enshrined in the Nigerian Constitution and African Charter on Human and Peoples’ Rights.
Background
James, a resident of Opolo, Yenagoa, found himself in an alarming situation when individuals claiming to be from Interpol arrived at his home.
These individuals, later identified as the 4th and 5th respondents in the case, CSP Abdullahi and a member of the police forensic team, Mr. Suleiman, confined James to his residence without providing any justification.
A team from the Nigeria Police Force (NPF) Forensic Unit, led by CSP B.A. Abdullahi and Mr. Simiat Suleiman, arrived at James’ home and informed him they were conducting an investigation related to the Presidential Amnesty Programme under the directive of Major General Barry Ndiomu (rtd.), the former Interim Administrator.
Without presenting any warrant or official documentation, the team demanded that James remain confined to his home while they carried out a search and seizure of his electronic devices and documents.
They claimed this was necessary for their cybercrime investigation but did not disclose the specific allegations against James.
For several days, armed officers were stationed outside James’ home, preventing him from leaving or having visitors.
His movement was severely restricted, and he was cut off from communicating freely with the outside world during this period of effective house arrest.
James’s lawyers filed a fundamental rights enforcement suit, arguing that this action by the police team violated his constitutional rights to dignity, personal liberty, freedom of movement, and fair hearing as provided for in Sections 34, 35, 37, and 41 of the 1999 Constitution as well as Articles 6 and 7 of the African Charter on Human and Peoples’ Rights.
The suit named the Attorney General of the Federation, Inspector General of Police, NPF Cybercrime Centre, the police team members, and Major General Ndiomu as respondents for their respective roles in the illegal confinement.
Court’s Decision
Justice Charlie declared the confinement unreasonable, illegal, and unconstitutional, stating that it violated James’s rights to dignity, personal liberty, and freedom of movement under Sections 34(1)(a) and (b), 35(1), 37, and 41(1) of the 1999 Constitution and Articles 6 and 7(1) of the African Charter.
The court ordered the 4th and 5th respondents, who are CSP B.A. Abdullahi and the NPF Forensic Team, to jointly and severally pay N50 million in general damages to James for violating his constitutional rights to dignity, personal liberty, and freedom of movement.
Justice Charlie stated that the confinement and house arrest were unreasonable, illegal, and unconstitutional, violating James’ rights protected by Sections 34(1)(a) and (b), and 37 of the Nigerian Constitution.
